QR&Os: Volume I - Chapter 22 Military Police And Reports On Persons In Custody

Official Format

Effective 1 August 2015, the official version of the QR&O is that published in PDF format on this website. In the event of any inconsistency between this consolidation and any printed or electronic copy, this consolidation prevails to the extent of the inconsistency. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

Amendment List:

  • 1 June 2014 – new article: 22.001
  • 1 June 2014 – new article: 22.002
  • 1 June 2014 – new article: 22.003
  • 1 June 2014 – new article: 22.004
  • 1 June 2014 – new article: 22.005
  • 1 June 2014 – amended: article 22.01
  • 1 June 2014 – replaced notes (A) and (D): 22.01
  • 1 June 2014 – repositioned article notes: 22.01   
  • 1 June 2014 – new article: 22.011
  • 1 June 2014 – new article: 22.012
  • 1 June 2014 – replaced article: 22.02
  • 1 June 2014 – replaced article heading: 22.03
  • 1 June 2014 – amended: article 22.03
  • 1 June 2014 – amended: article 22.04
  • 12 September 2008 Amended Article: 22.04

History:

22.001 – PROVOST MARSHAL

Section 18.3 of the National Defence Act provides:

 “18.3 (1) The Chief of the Defence Staff may appoint an officer who has been a member of the military police for at least 10 years to be the Canadian Forces Provost Marshal (in this Act referred to as the “Provost Marshal”).

   (2) The Provost Marshal holds a rank that is not less than colonel.

   (3) The Provost Marshal holds office during good behaviour for a term not exceeding four years. The Chief of the Defence Staff may remove the Provost Marshal from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council.

   (4) An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to

  1. the attendance, swearing and examination of witnesses;
  2. the production and inspection of documents;
  3. the enforcement of its orders; and
  4. all other matters necessary or proper for the due exercise of its jurisdiction.

 (5) The Provost Marshal is eligible to be reappointed on the expiration of a first or subsequent term of office.”

(C) [1 June 2014]

22.002 – DUTIES AND FUNCTIONS OF PROVOST MARSHAL

Section 18.4 of the National Defence Act provides:

“18.4 The Provost Marshal’s responsibilities include

  1. investigations conducted by any unit or other element under his or her command;
  2. the establishment of selection and training standards applicable to candidates for the military police and the ensuring of compliance with those standards;
  3. the establishment of training and professional standards applicable to the military police and the ensuring of compliance with those standards; and
  4. investigations in respect of conduct that is inconsistent with the professional standards applicable to the military police or the Military Police Professional Code of Conduct.”

(C) [1 June 2014]

22.003 – GENERAL SUPERVISION

Section 18.5 of the National Defence Act provides:

  “18.5 (1) The Provost Marshal acts under the general supervision of the Vice Chief of the Defence Staff in respect of the responsibilities described in paragraphs 18.4(a) to (d).

  (2) The Vice Chief of the Defence Staff may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal shall ensure that they are available to the public.

(3) The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation.

(4) The Provost Marshal shall ensure that instructions and guidelines issued under subsection (3) are available to the public.

(5) Subsection (4) does not apply in respect of an instruction or guideline, or of a part of one, if the Provost Marshal considers that it would not be in the best interests of the administration of justice for the instruction or guideline, or that part of it, to be available to the public.”

(C) [1 June 2014]

22.004 – PROVOST MARSHAL INQUIRY COMMITTEE

(1) A committee to be known as the Provost Marshal Inquiry Committee is established for the purpose of subsection 18.3(3) of the National Defence Act.

(2) The Provost Marshal Inquiry Committee is to be composed of members appointed by the Minister as follows:

  1. one person who has been nominated by the Vice Chief of the Defence Staff and who is not a legal officer or a member of the military police;
  2. one person who has been nominated by the Judge Advocate General and who is a barrister or advocate with at least 10 years’ standing at the bar of a province but is not an officer or non-commissioned member; and
  3. one person who has been nominated by the members referred to in subparagraphs (a) and (b) and who is a police officer, as defined in section 183 of the Criminal Code, with at least 10 years’ experience but is not an officer or non-commissioned member.

(3) The Chairperson of the Provost Marshall Inquiry Committee is the member appointed under subparagraph (2)(c).

(4) Each member holds office for a term of not more than four years.

(5) A member is eligible to be reappointed on the expiration of a first or subsequent term.

(6) In the event of the absence or incapacity of a member, the Minister may appoint, as a substitute temporary member, a person nominated in accordance with paragraph (2).

(7) If the office of a member becomes vacant during the member’s term, the Minister shall appoint a person nominated in accordance with paragraph (2) to hold office for the remainder of the term.

(8) A quorum consists of all three members.

(G) [P.C. 2014-0575 effective 1 June 2014]

22.005 – CONDUCT OF INQUIRY

(1) The Provost Marshal Inquiry Committee shall, on request in writing made by the Chief of the Defence Staff, commence an inquiry as to whether the Provost Marshal should be removed from office.

(2) The Provost Marshal Inquiry Committee may, on receipt of any complaint or allegation in writing made in respect of the Provost Marshal, commence an inquiry as to whether the Provost Marshal should be removed from office.

(3) The Chairperson of the Provost Marshal Inquiry Committee may designate a member of that committee to examine the complaint or allegation referred to in paragraph (2) and to recommend whether an inquiry should be commenced.

(4) The Provost Marshal shall be given reasonable notice of the inquiry’s subject matter and of its time and place and shall be given an opportunity, in person or by counsel, to be heard at the inquiry, to cross-examine witnesses and to adduce evidence on his or her own behalf.

(5) The Provost Marshal Inquiry Committee may hold an inquiry either in public or in private unless the Chief of the Defence Staff, having regard to the interests of the persons participating in the inquiry and the interests of the public, directs that an inquiry be held in public.

(6) The Provost Marshal Inquiry Committee may recommend to the Chief of the Defence Staff that the Provost Marshal be removed if, in its opinion,

  1. the Provost Marshal has become incapacitated or disabled from the due execution of his or her duties by reason of
    1. infirmity,
    2. having been guilty of misconduct,
    3. having failed in the due execution of his or her duties, or
    4. having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of his or her duties; or
  2. the Provost Marshal does not satisfy the physical and medical fitness standards applicable to officers.

(7) The Provost Marshal Inquiry Committee shall provide to the Chief of the Defence Staff a record of each inquiry and a report of its conclusions. If the inquiry was held in public, the Provost Marshal Inquiry Committee shall make its report available to the public.

(G) [P.C. 2014-0575 effective 1 June 2014]

22.01 – OFFICERS AND NON-COMMISSIONED MEMBERS – PEACE OFFICERS

Section 2 of the Criminal Code provides in part that “peace officer” includes

“(g) officers and non-commissioned members of the Canadian Forces who are

  1. appointed for the purposes of section 156 of the National Defence Act, or
  2. employed on duties that the Governor in Council, in regulations made under the National Defence Act for the purposes of this paragraph, has prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers;”

(G) [22.01: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

Top of Page

22.011 – DUTIES REQUIRING POWERS OF PEACE OFFICERS

For the purposes of subparagraph (g)(ii) of the definition “peace officer” in section 2 of the Criminal Code, the following duties are prescribed to be of such a kind as to necessitate that the officers and non-commissioned members performing them have the powers of peace officers:

  1. any lawful duty performed as a result of a specific order or established military custom or practice that is related to any of the following matters:
    1. the maintenance or restoration of law and order,
    2. the protection of property,
    3. the protection of persons,
    4. the arrest or custody of persons, and
    5. the apprehension of persons who have escaped from lawful custody or confinement; and
  2. any duty related to the enforcement of the laws of Canada that are performed as a result of a request from the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or the Commissioner of Corrections, under an Act, a regulation, a statutory instrument or a Memorandum of Understanding between the Minister of Public Safety and Emergency Preparedness and the Minister of National Defence.

(G) [P.C. 2014-0575 effective 1 June 2014]

NOTES

(A) Members of the military police have the powers of peace officers under subparagraph (g)(i) of the definition “peace officer” in section 2 of the Criminal Code only with regard to a person who is subject to the Code of Service Discipline. However, under subparagraph (g)(ii) of the same definition, members of the military police have the powers of peace officers with regard to all persons when performing any duty set out in article 22.011.

(B) A peace officer is justified in using as much force as is reasonably necessary for the purpose of doing anything that he is required or authorized to do in the administration or enforcement of the law; but the Criminal Code provides that he is criminally responsible for any excess of force used.

(C) Many sections of the Criminal Code relate to the powers and duties of peace officers and the extent to which they are given legal protection or justification for their acts.  Some of those sections (for example, section 32 which provides that a peace officer is justified in using or in ordering the use of as much force as he believes, in good faith and on reasonable grounds, is necessary to suppress a riot and is not excessive having regard to the danger to be apprehended from the continuance of the riot) contain provisions that are of interest to all persons who are peace officers. Other sections (for example, subsection 462(2) which provides in part that a peace officer may seize and detain counterfeit money) will rarely be of concern to officers and non-commissioned members.

(D) It must be noted that officers and non-commissioned members who are not members of the military police are peace officers only if they are performing any lawful duty as a result of a specific order or established military custom or practice that is related to any of the matters referred to in subparagraph 22.011(a). Therefore, officers or non-commissioned members cannot assume for themselves the status of peace officers simply by performing such duties; for example, outside the context of any military operation, training or administration, a citizen’s duty to assist a peace officer in arresting a suspect.

(C) [1 September 1999 – Note (D); 1 June 2014]

22.012 – POWERS OF OFFICERS AND NON-COMMISSIONED MEMBERS APPOINTED AS MEMBERS OF MILITARY POLICE

Section 156 of the National Defence Act provides:

“156. Officers and non-commissioned members who are appointed as military police under regulations for the purposes of this section may

  1. detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person’s rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and
  2. exercise such other powers for carrying out the Code of Service Discipline as are prescribed in regulations made by the Governor in Council.”

(C) [1 June 2014]

22.02 – APPOINTMENT AS MEMBERS OF MILITARY POLICE

For the purposes of section 156 of the National Defence Act, an officer or non-commissioned member is appointed as a member of the military police if they are qualified in a military police occupation and are in lawful possession of a Military Police Badge and an official Military Police Identification Card.

(G) [P.C. 1999-1305 effective 1 September 1999; P.C. 2014-0575 effective 1 June 2014]

22.03 – RESPONSIBILITIES AS MEMBERS OF MILITARY POLICE

The responsibilities of officers and non-commissioned members appointed under article 22.02 (Appointment as Members of Military Police) are as prescribed by the Chief of the Defence Staff.

(C) [1 September 1999; 1 June 2014 – heading]

22.04 – MILITARY POLICE CREDENTIALS REVIEW BOARD

(1) (Definitions) The definitions in this paragraph apply in this article.

“Code” means the Military Police Professional Code of Conduct. (code)

“Military Police Credentials” means a Military Police Badge and an official Military Police Identification Card. (attestations de police militaire)

(2) (Interpretation) The provisions of this article shall be interpreted as being in addition to, and not in derogation of, any power, jurisdiction or authority that may be exercised under any Act of Parliament.

(3) (Establishment of Board) There is hereby established a board to be known as the Military Police Credentials Review Board.

(4) The Board consists of the following members:

  1. a Chairperson and two Vice-Chairpersons, each of whom is an officer and a member of the military police, appointed by the Vice-Chief of the Defence Staff, upon the recommendation of the Provost Marshal; and
  2. not more than 22 other members appointed by the Provost Marshal so that, at all times,
    1. one of the members is neither an officer nor a non-commissioned member,
    2. one of the members is an officer but not a member of the military police, and
    3. two of the members are officers and members of the military police.

(5) A member of the Board is to be appointed for a term of two years and is eligible to be re-appointed.

(6) If the Chairperson of the Board is absent or is incapable of exercising their powers or performing their duties or if the office of the Chairperson is vacant, the Vice-Chief of the Defence Staff shall designate a Vice-Chairperson of the Board to exercise the powers and perform the duties and functions of the Chairperson.

(7) (Referral to Board) If the member of the military police responsible for professional standards in the office of the Provost Marshal considers that there has been a breach of this Code by another member of the military police that warrants review, that member shall refer the matter to the Chairperson of the Board.

(8) (Board to review matter) Subject to paragraph (9), the Chairperson of the Board shall assign a Panel consisting of the following members of the Board to review a matter that has been referred under paragraph (7):

  1. a member mentioned in paragraph (4)(a) who shall preside over the review;
  2. a member who is neither an officer nor a non-commissioned member;
  3. a member who is an officer but is not a member of the military police; and
  4. two members who are members of the military police

(9) If the review concerns the conduct of an officer, the members of the Board assigned to the Panel under subparagraph (8)(d) must be officers.

(10) The Panel shall review any matter referred to it and determine whether there has been a breach of this Code

(11) The Panel may make any recommendation to the Provost Marshal that it considers appropriate, including, if it determines that a member of the military police has breached the Code, a recommendation that the Provost Marshal:

  1. revoke the Military Police Credentials of the member;
  2. suspend the Military Police Credentials of the member for a period of not more than 180 days, on any terms or conditions that it considers appropriate; or
  3. re-instate the Military Police Credentials of the member, with or without terms or conditions.

(12) The Panel shall give reasons for its recommendations.

(G) [P.C. 2008-1507 effective 12 September 2008; P.C. 2014-0575 effective 1 June 2014 – “Military Police Credentials”]

[22.05: not allocated]

Top of Page

22.06 – GUARD REPORTS

(1) A report shall be made by the officer or non-commissioned member in charge of a guard room, detention room or detention barrack on each person:

  1. placed in his care under custody or to undergo sentence; or
  2. confined in a hospital under escort supplied by the base or other unit or element.

      (1 September 1999)

(2) The report required by paragraph (1) shall be made to the commanding officer:

  1. on the day the person is admitted to custody;
  2. on the first day an escort is supplied for a non-commissioned member confined to hospital; and
  3. subsequently,
    1. if the non-commissioned member is not undergoing sentence, daily, or
    2. if the non-commissioned member is undergoing sentence, 48 hours prior to the expected time of release from custody.

(3) Each report shall contain:

  1. the service number, rank, name and unit of the person in custody;
  2. the date on which the person was first received into custody;
  3. the offence with which the person has been charged or for which a sentence has been imposed;
  4. the name of the authority by whose order the person was confined; and
  5. the time yet to be served, if a punishment of detention has been imposed.

(C) [1 September 1999]

 

[22.07 to 22.99 inclusive: not allocated]